Insurance Claims Legislation

626.9543 Holocaust victims.

(1) SHORT TITLE.--This section may be cited as the "Holocaust Victims
Insurance Act."

(2) INTENT; PURPOSE.--It is the Legislature's intent that the potential and
actual insurance claims of Holocaust victims and their heirs and beneficiaries
be expeditiously identified and properly paid and that Holocaust victims and
their families receive appropriate assistance in the filing and payment of their
rightful claims.

(3) DEFINITIONS.--For the purpose of this section:

(a) "Holocaust victim" means any person
who lost his or her life or property as a
result of discriminatory laws, policies, or
actions targeted against discrete groups of
persons between 1920 and 1945, inclusive, in
Nazi Germany, areas occupied by Nazi
Germany, or countries allied with Nazi
Germany.

(b) "Insurance policy" means, but is not
limited to, life insurance, property
insurance, or education policies.

(c) "Legal relationship" means any
parent, subsidiary, or affiliated company
with an insurer doing business in this
state.

(d) "Proceeds" means the face or other
payout value of policies and annuities plus
reasonable interest to date of payments
without diminution for wartime or immediate
postwar currency devaluation.

(4) ASSISTANCE TO HOLOCAUST VICTIMS.--The
department shall establish a toll-free
telephone number, available in appropriate
languages, to assist any person seeking to
recover proceeds from an insurance policy
issued to a Holocaust victim.

(5) PROOF OF A CLAIM.--Any insurer doing
business in this state, in receipt of a
claim from a Holocaust victim or from a
beneficiary, descendant, or heir of a
Holocaust victim, shall:

(a) Diligently and expeditiously
investigate all such claims.

(b) Allow such claimants to meet a
reasonable, not unduly restrictive, standard
of proof to substantiate a claim, pursuant
to standards established by the department.

(c) Permit claims irrespective of any
statute of limitations or notice
requirements imposed by any insurance policy
issued, provided the claim is submitted on
or before July 1, 2018.

(6) STATUTE OF
LIMITATIONS.--Notwithstanding any law or
agreement among the parties to an insurance
policy to the contrary, any action brought
by Holocaust victims or by a beneficiary,
heir, or a descendant of a Holocaust victim
seeking proceeds of an insurance policy
issued or in effect between 1920 and 1945,
inclusive, shall not be dismissed for
failure to comply with the applicable
statute of limitations or laches provided
the action is commenced on or before July 1,
2018.

(7) REPORTS FROM INSURERS.--Any insurer
doing business in this state shall have an
affirmative duty to ascertain to the extent
possible and report to the department within
90 days after the effective date of this
section and annually thereafter all efforts
made and results of such efforts to
ascertain:

(a) Any legal relationship with an
international insurer that issued an
insurance policy to a Holocaust victim
between 1920 and 1945, inclusive.

(b) The number and total value of such
policies.

(c) Any claim filed by a Holocaust
victim, his or her beneficiary, heir, or
descendant that has been paid, denied
payment, or is pending.

(d) Attempts made by the insurer to
locate the beneficiaries of any such
policies for which no claim of benefits has
been made.

(e) An explanation of any denial or
pending payment of a claim to a Holocaust
victim, his or her beneficiary, heir, or
descendant.

(8) REPORTS TO THE LEGISLATURE.--The
department shall report to the Legislature 1
year after the effective date of this
section and annually thereafter:

(a) The number of insurers doing business
in this state which have a legal
relationship with an international insurer
that could have issued a policy to a
Holocaust victim between 1920 and 1945,
inclusive.

(b) A list of all claims paid, denied, or
pending to a Holocaust victim, his or her
beneficiary, heir, or descendant.

(c) A summary of the length of time for
the processing and disposition of a claim by
the insurer.

(9) PENALTIES.--In addition to any other
penalty provided under this chapter, any
insurer or person who violates the
provisions of this section is subject to an
administrative penalty of $1,000 per day for
each day such violation continues.

(10) PRIVATE RIGHT OF ACTION.--An action
to recover damages caused by a violation of
this section must be commenced within 5
years after the cause of action has accrued.
Any person who shall sustain damages by the
reason of a violation of this section shall
recover threefold the actual damages
sustained thereby, as well as costs not
exceeding $50,000, and reasonable attorneys'
fees. At or before the commencement of any
civil action by a party, notice thereof
shall be served upon the department.

(11) RULES.--The department, by rule,
shall provide for the implementation of the
provisions of this section by establishing
procedures and related forms for
facilitating, monitoring, and verifying
compliance with this section and for the
establishment of a restitution program for
Holocaust victims, survivors, and their
heirs and beneficiaries.

(12) SEVERABILITY.--If any provision of
this section or the application thereof to
any person or circumstance is held invalid,
the invalidity shall not affect other
provisions or applications of the section
which can be given effect without the
invalid provision or application, and to
this end the provisions of this section are
declared severable.